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General Principles of Law - The Role of the Judiciary
Paperback
Series: Ius Gentium: Comparative Perspectives on Law and Justice, Book 46
ISBN13: 9783319385556
Publisher: Springer Nature
Published: Oct 17 2016
Pages: 325
Weight: 1.06
Height: 0.72 Width: 6.14 Depth: 9.21
Language: English
This book examines the role played by domestic and international judges in the flexibilization of legal systems through general principles. It features revised papers that were presented at the Annual Conference of the European-American Consortium for Legal Education, held at the University of Parma, Italy, May 2014.
The second section contains studies on the role of general principles in selected legal systems, including International Law, European Union Law as well as Common Law systems. The third section features an analysis of select legal principles in a comparative perspective, with a particular focus on the comparison between European and American experiences.
The fourth and last section explores selected principles in given areas of law, including the misuse of the lex specialis principle in the relationship between international human rights law and international humanitarian law, the role of the judiciary in Poland as regards discrimination for sexual orientation, and the impact of the ECtHR case law on Italian criminal law with regard to the principle of legality.
Overall, the book offers readers a thoughtful reflection on how the interpretation, application, and development of general principles of law by the judiciary contribute to the evolution of legal systems at both the domestic and international levels as well as
further their reciprocal interactions.1 different editions
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